TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

DEFENDANT'S MOTION TO DISMISS / MOTION TO QUASH

I. INTRODUCTION

NOW COMES the Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], and pursuant to Michigan Court Rules and Michigan Compiled Laws, respectfully moves this Honorable Court for an order dismissing the ☐ Information / ☐ Indictment / ☐ Complaint filed in the above-captioned matter, and/or quashing the charging instrument, and in support thereof states as follows:

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Felony Complaint / ☐ Information / ☐ Indictment with the following offense(s):

A preliminary examination was held on [__/__/____] in the [________________________________] District Court. Defendant was bound over to Circuit Court on [__/__/____]. Defendant was arraigned on the Information on [__/__/____].

[Provide a concise factual summary of the relevant procedural history.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ A. Lack of Probable Cause — MCR 6.110(E)
The evidence presented at the preliminary examination was insufficient to establish probable cause that a crime was committed and/or that Defendant committed it. The bindover was improper and the Information should be quashed.

☐ B. Speedy Trial Violation — MCL 780.131 (180-Day Rule)
Defendant is incarcerated on other charges, and the People have failed to bring Defendant to trial within 180 days of the People's receipt of Defendant's notice of the untried charge and request for disposition.

☐ C. Constitutional Speedy Trial (U.S. Const. Amend. VI; Mich. Const. Art. I, § 20)
Defendant has been denied the right to a speedy trial under the constitutional four-factor Barker analysis.

☐ D. Statute of Limitations — MCL 767.24
The prosecution was commenced beyond the applicable statute of limitations. The limitations period is [________________________________] and the alleged offense occurred on [__/__/____].

☐ E. Double Jeopardy (U.S. Const. Amend. V; Mich. Const. Art. I, § 15)
Defendant has previously been placed in jeopardy for the same offense. Case No. [________________________________], concluded on [__/__/____].

☐ F. Defective Charging Instrument — MCL 767.74-767.76
The Information / Indictment is defective because: [________________________________].

☐ G. Due Process Violation (U.S. Const. Amend. XIV; Mich. Const. Art. I, § 17)
The People's conduct has violated Defendant's due process rights: [________________________________].

☐ H. Prosecutorial Misconduct
The People engaged in misconduct: [________________________________].

☐ I. Lack of Jurisdiction
The Court lacks jurisdiction because: [________________________________].

IV. LEGAL ARGUMENT

A. Lack of Probable Cause at Preliminary Examination — MCR 6.110

Under MCR 6.110(E), a defendant shall be bound over for trial only if the court finds probable cause to believe that a crime was committed and that the defendant committed it. If the evidence at the preliminary examination does not meet this standard, the defendant is entitled to dismissal. The magistrate must find that each element of the charged offense is supported by evidence constituting probable cause. People v. Yost, 468 Mich. 122, 126 (2003).

[________________________________]

B. Speedy Trial — MCL 780.131 (180-Day Rule)

Michigan's 180-day rule (MCL 780.131) applies to defendants incarcerated in a Michigan correctional institution who have untried charges pending. After the defendant sends written notice to the prosecuting attorney requesting disposition, the People must bring the case to trial within 180 days. Failure to do so requires dismissal with prejudice. People v. Lown, 488 Mich. 242 (2011).

[________________________________]

C. Constitutional Speedy Trial

Michigan courts apply the four-factor Barker v. Wingo, 407 U.S. 514 (1972), balancing test for constitutional speedy trial claims: (1) length of the delay; (2) reason for the delay; (3) defendant's assertion of the right; and (4) prejudice to the defendant. People v. Williams, 475 Mich. 245, 261-62 (2006). A delay of 18 months or more is presumptively prejudicial and triggers the full Barker analysis.

Speedy Trial Chronology:
| Date | Event | Days Elapsed | Note |
|------|-------|-------------|------|
| [__/__/____] | Arrest / Charge | 0 | — |
| [__/__/____] | [________________________________] | [____] | [________________________________] |
| [__/__/____] | [________________________________] | [____] | [________________________________] |

Total delay: [____] days.

[________________________________]

D. Statute of Limitations — MCL 767.24

Michigan's statutes of limitation under MCL 767.24 include: no limit for murder, conspiracy to commit murder, solicitation to commit murder, and certain criminal sexual conduct offenses; 10 years for specified felonies; 6 years for other felonies generally; and varying periods for misdemeanors. People v. Russo, 439 Mich. 584 (1992).

[________________________________]

E. Double Jeopardy

The Double Jeopardy Clauses of the Fifth Amendment and Article I, Section 15 of the Michigan Constitution protect against successive prosecutions and multiple punishments for the same offense. Michigan applies the Blockburger same-elements test as well as the "same transaction" test in limited circumstances. People v. Nutt, 469 Mich. 565 (2004).

[________________________________]

F. Defective Charging Instrument — MCL 767.74-767.76

Under MCL 767.76, an indictment may be quashed for defects in the charging instrument, provided the objection specifically states the defect claimed and is made prior to the commencement of trial. However, MCL 767.75 provides that an indictment shall not be quashed for misjoinder, duplicity, or mere uncertainty. People v. Nyx, 479 Mich. 112 (2007).

[________________________________]

G. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Dismiss the Information / Indictment / Complaint with prejudice;
2. In the alternative, quash the Information and remand to District Court;
3. Discharge the Defendant from custody, if applicable;
4. Grant such other and further relief as this Court deems just and equitable.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME] (P[________________________________])
[LAW FIRM NAME]
[ADDRESS]
[CITY], Michigan [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true copy of the foregoing Motion to Dismiss / Motion to Quash upon the [________________________________] County Prosecuting Attorney's Office, [ADDRESS], [CITY], Michigan [ZIP CODE], by:

☐ Hand delivery
☐ First-class mail, postage prepaid
☐ Electronic filing via the Michigan Courts E-Filing System (MiFILE)

________________________________________
[ATTORNEY NAME]

MICHIGAN-SPECIFIC NOTES

• MCR 6.110: Governs preliminary examinations. The bindover standard is probable cause. Circuit Court reviews the bindover de novo for abuse of discretion.
• MCL 780.131 (180-Day Rule): Applies only to incarcerated defendants with untried charges. The defendant must initiate the clock by sending written notice to the prosecuting attorney.
• MCL 767.24: Michigan's statutes of limitation. No limit for murder and certain sexual offenses; 6 years for most felonies.
• MCL 767.74-767.76: Govern motions to quash indictments. MCL 767.75 lists defects for which quashing is not permitted (misjoinder, duplicity, uncertainty).
• MiFILE: Michigan courts use the MiFILE electronic filing system. Check local court rules for e-filing requirements.
• Preliminary Examination Waiver: If the defendant waived the preliminary examination, the motion to quash based on lack of probable cause may have different procedural considerations.
• Michigan Bar No. Format: Michigan attorney registration numbers use the prefix "P" (e.g., P12345).

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Michigan attorney before use.